The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-07
WHEN
THE CONSPIRACY TRIAL.
Lawyer Truesdale Tells Some Interesting
Facts Connected with the Pending Case.

BUFFALO, May 6--The conspiracy case of Hi
ram B. Everest ct al, of the Rochester Vacuum
Oil Company, was continued this morning The
nrst witness was Charles G.. Beardsley of the
Bunaio Luorleating Oil Company, brother to
Frank h. Reardsley. He stated that he left his
farm In 1881 to assist Albert A Miller in the
construction of 'the Buffalo works. His state
ment In regard to the blowing off Of the safety
valves of the still, the red hot fire in
the furnace, and the sudden disappear
Ance of Miller on the dav of
the blowout, was in substance the same
as the story related By his brother yesterday.
Inc prosecution then called George Truesdale,
attorney at law, of Rochester. He remembered
the time that Miller and Everest came to his
ONCE. 1t was in June July, 1881. Miller had
previously made arrangements to meet him on
TINS occasion. At this point attorney Cogges-
Wen objected to the testimony of lawyer Trues-
dale on the ground that Miller was his client
and came to him for professional advice. This
gave rise to a hot discussion between counsel
lhe court reserved its decision until p NJ.
AT the afternoon session Judge Haght held
that when man goes to consult lawyer about
the preparation of some crime it is outside of
professional or privileged advice, and that law
yer Truesdale might give testimony as to what
occurred IN his Office, so far FL. B. Everest
concerned,
Mr.. Trueedale then testified that Miller and
hiram y. Everest came to his Office in June,
1881, and asked If he could not suggest
plzn by which his property could be protected in
Ease he should have trouble in Buffalo. Miller
placed some of his property in the witness's
hands, with power of attorney to sell before he
moved TO Buffalo. Everest said: well, if
Miller puts his property OF his hands to
avoid collection of judgment that might occur,
the criminal action. If any would have to be
found out before any one could be punished or
sent to State prison" Everest also said sub
stantiaily, "Oh. wen protect Miller
Upon the cross examination, attorney Trues-
dale stated that he had had different inter
views upon this question. He told Miller that
if he violated his contract with the Buffalo COM
pany he would be liable in damages. Everest told
the witness that it was not necessary for Miller
to do anything that would bring abort criminal
liability in order TO get his release from Mat
thews, but that he could slack his work little
and get discharged, and not be held liable upon
his contract. and then come back and work for
him at advanced pay.
H. b. Everests deposition read. II set
forth that he had interviews with Miller for the
purpose of finding out whether the Buffalo
works were infringing his patents. Depo-
nent went with Miller to lawyer Truesdale
because Miller thought of leaving the Buffalo
company, and wanted to be sure that in doing
he would not involve liability on a S. 900
note. He heard Miller say once that he could
fix pipes that they would not work Depo-
nent thought such action would be scandal
Gus.